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CITY OF SHAWNEE
CITY COUNCIL MEETING
MINUTES
November 9, 2015
7:30 P.M.

Michelle Distler - Mayor

Councilmembers Present Staff Present
Councilmember PflummCity Manager Gonzales
Councilmember NeighborDeputy City Manager Charlesworth
Councilmember JenkinsAssistant City Manager Killen
Councilmember VaughtCity Clerk Powell
Councilmember Meyer Finance Director Rogers
Councilmember SandiferInformation Technology Director Bunting
Councilmember Kenig Stormwater Manager Gregory
Planning Director Chaffee
Councilmembers AbsentDevelopment Services Dir. Wesselschmidt
Councilmember KemmlingPolice Chief Moser
Fire Chief Mattox
Transportation Manager Sherfy
Assistant Public Works Director Gard
Parks and Recreation Director Holman
Deputy Parks and Rec. Director Lecuru
Human Resource Manager Dawald
Human Resource Director Bernard
Communications Manager Ferguson
Sr. Project Engineer Lindstrom
(Council Committee Meeting Called to Order at 7:30 p.m.)

A. ROLL CALL

MAYOR DISTLER: Good evening and welcome to tonight’s meeting of the Shawnee City Council. I would ask that you please silence your electronic devices at this time. I am Mayor Michelle Distler and I will be chairing this meeting. I will do a roll call vote at this time. Councilmember Neighbor?

COUNCILMEMBER NEIGHBOR: Present.

MAYOR DISTLER: Councilmember Pflumm?

COUNCILMEMBER PFLUMM: Present.

MAYOR DISTLER: Councilmember Jenkins?

COUNCILMEMBER JENKINS: Present.

MAYOR DISTLER: And Councilmember Kemmling texted me. He is stuck in Dallas. Councilmember Vaught?

COUNCILMEMBER VAUGHT: Present.

MAYOR DISTLER: Councilmember Meyer?

COUNCILMEMBER MEYER: Present.

MAYOR DISTLER: Councilmember Sandifer?

COUNCILMEMBER SANDIFER: Present.

MAYOR DISTLER: Councilmember Kenig?

COUNCILMEMBER KENIG: Present.

MAYOR DISTLER: Thank you.

B. PLEDGE OF ALLEGIANCE & MOMENT OF SILENCE

MAYOR DISTLER: Please join us for the Pledge of Allegiance followed by a moment of silence.

(Pledge of Allegiance and Moment of Silence)

COUNCILMEMBER SANDIFER: You didn’t bring the Boy Scouts up.

MAYOR DISTLER: Well, since the Boy Scouts -- I figured they’d have a difficult time getting up here. If you want to introduce yourselves real quick. Sorry. With the different format, I didn’t have them come up to --

(Boy Scouts present at the meeting introduced themselves)

MAYOR DISTLER: Thank you very much.

Before we begin our agenda, I'd like to explain our procedures for public input. During the meeting I will offer the opportunity for public input. If you would like to speak to the Council at any of those times, please come forward to the microphone. I’ll ask you to state your name and address for the record, then you may offer your comments. So that members of the audience can hear your comments, I would ask that you speak directly into the microphone. By policy, comments are limited to five minutes and no person may speak more than twice to any one agenda item. After you are finished, please sign the form on the podium to ensure we have an accurate record of your name and address. I would also like to remind the Councilmembers to speak loudly and very clearly and wait to be recognized before speaking. Our temporary audio system will broadcast our meetings online and archive a copy for the minutes, but it will not amplify the sound in the room. In addition, while we won't do a roll call vote on every vote, I will state Councilmembers’ names who vote in minority so that our listening audience will have a clear and accurate record of the vote.

C. CONSENT AGENDA

1. APPROVE MINUTES FROM THE CITY COUNCIL MEETING OF OCTOBER 26, 2015.
2. REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF OCTOBER 19, 2015.
3. CONSIDER EXTENSION OF SUP-08-06-08; THE SPECIAL USE PERMIT PREVIOUSLY ISSUED TO SHARKS, FOR LIVE ENTERTAINMENT IN THE FORM OF BILLIARD TABLES, LIVE RADIO BROADCAST ON MONDAY NIGHTS, LIVE BANDS ON FRIDAY AND SATURDAY NIGHTS AND KARAOKE ON SUNDAY NIGHTS, IN THE COMMERCIAL HIGHWAY OVERLAY ZONING DISTRICT, LOCATED AT 10328 SHAWNEE MISSION PARKWAY.
4. CONSIDER EXTENSION OF SUP-10-06-09; THE SPECIAL USE PERMIT PREVIOUSLY ISSUED TO KATHY KONAN TO OPERATE AN IN-HOME DAY CARE WITH UP TO TEN CHILDREN, AS A HOME OCCUPATION, AT 4921 MARION.
5. CONSIDER EXTENSION OF SUP-04-14-10; THE SPECIAL USE PERMIT PREVIOUSLY ISSUED TO DAWN RATTAN FOR THE OPERATION OF WEST SIDE WELLNESS, NOW KNOWN AS EVERFIT, IN THE PROFESSIONAL OFFICE ZONING DISTRICT, LOCATED AT 16200 MIDLAND DRIVE.
6. CONSIDER WITHDRAWAL OF SUP-06-07-04; THE PREVIOUSLY ISSUED SPECIAL USE PERMIT ISSUED TO ROBERT JOHNSON TO OPERATE AN EQUIPMENT RENTAL BUSINESS AT ARROW RENTS IN THE COMMERCIAL HIGHWAY OVERLAY DISTRICT, LOCATED AT 11330 SHAWNEE MISSION PARKWAY.
7. CONSIDER THE WITHDRAWAL OF SUP-11-06-10; THE PREVIOUSLY ISSUED SPECIAL USE PERMIT ISSUED TO LILLIE GLOVER TO OPERATE AN IN-HOME DAY CARE WITH UP TO TEN CHILDREN, AS A HOME OCCUPATION, LOCATED AT 6216 GREENWOOD.
8. CONSIDER ACCEPTANCE OF DEDICATION OF LAND FOR PUBLIC PURPOSES CONTAINED IN FP-15-15-10; FINAL PLAT FOR JAY SHREE RAM, A FOUR LOT OFFICE/COMMERCIAL SUBDIVISION LOCATED IN THE 16500 BLOCK OF MIDLAND DRIVE.
9. CONSIDER RESOLUTIONS NO. 1763 AND RESOLUTION NO. 1764 APPROVING AND ACKNOWLEDGING THE TRANSFER OF THE CABLE TELEVISION FRANCHISE AND TELECOMMUNICATION FRANCHISE CURRENTLY HELD BY SUREWEST KANSAS, INC. TO CONSOLIDATED COMMUNICATIONS ENTERPRISE SERVICES, INC.

MAYOR DISTLER: The next item on the agenda is the Consent Agenda. Does the Council have any items they would like to remove? Seeing none, I will accept a motion.

COUNCILMEMBER KENIG: So moved.

COUNCILMEMBER PFLUMM: Second.

MAYOR DISTLER: A motion has been made and seconded on this item. All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. (Motion passes 7-0)

D. MAYOR'S ITEMS 1. SMALL BUSINESS SATURDAY PROCLAMATION.

MAYOR DISTLER: The next item is D, Mayor’s Items. It is my pleasure tonight to read the proclamation in honor of Small Business Saturday in Shawnee. I believe we have several small business owners, Chamber of Commerce staff and Executive Board members here. So, if you would you all please come forward over there. As most of you know we have a great business community here in Shawnee. In addition to that, we’re unique in that we have so many local businesses who are owned by people who live right here in our community. And because of that, it’s important we continue to support them in any way we can. And one way that we can do that is by shopping at our local businesses on Small Business Saturday, which is a great event that takes place on the Saturday after Thanksgiving.

(Chamber members and small business owners were presented with the Small Business Saturday Proclamation.)

2. EMPLOYEE SERVICE AWARDS.

MAYOR DISTLER: The next item is a presentation of the Employee Service Awards. So, I’ll ask City Manager Gonzales to join me by the podium to present the awards.
(City Manager Gonzales and Mayor Distler presented service awards to the following employees.)
Ten Years of Service
Tiffany Gorman
Mike Unterreiner
Wade Wilson

Fifteen Years of Service
Royal Krueger

Twenty Years of Service
Phillip Burger
Richard Dahlin
Mike Gregory

Twenty-Five Years of Service
Debbie Kelly
Paul Lindstrom
Robert Meyers

Thirty Years of Service
Mike Hartman
Jerry Meyer



E. BUSINESS FROM THE FLOOR MAYOR DISTLER: The next item is E, Business from the Floor. Is there anyone who has comments on an issue that is not on tonight’s agenda? Seeing none, the next item is F, Public Items. F. PUBLIC ITEMS

1. CONSIDER A CHARTER ORDINANCE AND RESOLUTION RELATED TO THE SHAWNEE CONVENTION AND TOURISM COMMITTEE.

a) Consider Passing a Charter Ordinance Related to the Convention and Tourism Committee.

MAYOR DISTLER: Item Number 1 is to consider a Charter Ordinance and Resolution Related to the Shawnee Convention and Tourism Committee. In 1989, Charter Ordinance No. 18 was approved by the Governing Body exempting the City from the statutory provisions regarding the levy of a transient guest tax; and in 1997, Charter Ordinance No. 23 was approved by the Governing Body providing for the establishment of a convention and tourism committee. The proposed Charter Ordinance provides that the Governing Body can adopt a Resolution that provides for the membership, terms and appointments of the advisory committee. A memo from staff and Charter Ordinance are included. There are two actions on this item. The first is to consider passing a Charter Ordinance Related to the Convention and Tourism Committee. As a reminder, a change to the Charter Ordinance requires a two-thirds vote of the entire Governing Body elect, including the Mayor, whose vote is counted in each instance; requires two publications and would take effect 61 days after the final publication unless a sufficient petition for a referendum was filed as provided by Article XII, 5(c)(3) of the Constitution of the State of Kansas. It is the intent that after the 60 days passes, the Council will consider an updated contract with the Chamber of Commerce for tourism services. Members of the Chamber Board are in attendance. City Attorney Rainey and Assistant City Manager Killen are available for any questions. Is there any discussion from the Council? Is there anyone from the audience that would like to speak on this item? I will accept a motion.

COUNCILMEMBER SANDIFER: Motion to approve.

COUNCILMEMBER PFLUMM: Second.

MAYOR DISTLER: A motion has been made and seconded on this item. All those in favor say aye.

COUNCILMEMBERS AND MAYOR: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. (Motion passes 8-0)
Having passed, Charter Ordinance No. 44 was assigned.

b) Consider adopting a Resolution Establishing the Membership, Terms and Appointments to the Shawnee Convention and Tourism Committee referred to as the Visit Shawnee Advisory Committee.

MAYOR DISTLER: The second action is to consider a resolution Establishing the Membership, Terms and Appointments to the Shawnee Convention and Tourism Committee Referred to as the Visit Shawnee Advisory Committee. Is there any discussion from the Council? Anyone from the audience that would like to speak on this item? I will accept a motion.

COUNCILMEMBER KENIG: So moved.

COUNCILMEMBER SANDIFER: Second.

MAYOR DISTLER: A motion has been made and seconded on this item. All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. (Motion passes 7-0)
Having being adopted, Resolution No. 1765 was assigned.

2. CONSIDER SPECIAL EVENT PERMIT APPLICATION FOR THE HINDU TEMPLE AND CULTURAL CENTER FOR THEIR DIWALI EVENT ON SUNDAY, NOVEMBER 15, 2015.

a) Approve the Special Event Permit for the Festival.

MAYOR DISTLER: Item Number 2 is to Consider Special Event Permit Application for the Hindu Temple and Cultural Center for Their Diwali Event on Sunday, November 15, 2015. The Hindu Temple and Cultural Center of Kansas City, located at 6330 Lackman Road, has requested a Special Event Permit for their Diwali "Festival of Lights" and to use Swarner Park for a fireworks display on Sunday, November 15, 2015. This is an annual event and required two actions. The first action is to consider approving the Special Event Permit. Is there any discussion from the Council? Anyone from the audience that would like to speak to this item? I will accept a motion.

COUNCILMEMBER JENKINS: I’d like to move for approval.

COUNCILMEMBER VAUGHT: Second.

MAYOR DISTLER: A motion has been made and seconded on this item. All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. (Motion passes 7-0)

b) Allow the use of Swarner Park for a fireworks display. MAYOR DISTLER: The second action is to consider allowing the use of Swarner Park for the fireworks for a fireworks display. Is there any discussion from the Council? Mr. Neighbor.

COUNCILMEMBER NEIGHBOR: Yes. I would like to support this. I think it’s very appropriate for them. The one thing I would ask though for anyone here and for staff is to -- we do have a number of combat veterans that live in the area. I happen to know one that lives less than a quarter of a mile from where this will be. I will personally be calling him and telling him when it’s scheduled. The fireworks sometimes are very distracting to him as it is to other veterans. So, I just would ask that anybody that knows a veteran that might be in this area, just let them know that there will be a fireworks display at this point in time so they can choose whether they want to be in the area or they want to stay at home. Thank you.

MAYOR DISTLER: Thank you. Is there any other discussion from the Council? Anyone from the audience that would like to speak to this item? Seeing none, I will accept a motion.

COUNCILMEMBER JENKINS: Move for approval.

COUNCILMEMBER PFLUMM: Second.

MAYOR DISTLER: A motion has been made and seconded on this item. All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. (Motion passes 7-0)

G. STAFF ITEMS 1. CONSIDER A PROFESSIONAL SERVICES AGREEMENT WITH TRANSYSTEMS FOR CONNECT SHAWNEE.

MAYOR DISTLER: The next item is G, Staff Items. Item Number 1 is to consider a Professional Services Agreement with TranSystems for Connect Shawnee. The City was awarded $458,500 in 2015 Kansas Transportation Alternatives funds for this project, which includes three trail connections. Per KDOT requirements, requests for qualifications were sent to five firms. Three of those firms responded and a selection committee is recommending TranSystems in the amount of $90,182. Scope of services includes surveying, geotechnical investigations, utility coordination, permitting and environmental, community involvement, easements, preliminary plans, final plans, and bidding services. The recommended action is to consider approving and authorizing the Mayor to sign the Agreement. Is there any discussion from the Council? Anyone from the audience that would like to speak to this item? Seeing none, I will accept a motion.

COUNCILMEMBER PFLUMM: Move for approval.

COUNCILMEMBER NEIGHBOR: Second.

MAYOR DISTLER: A motion has been made and seconded. All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. (Motion passes 7-0)

2. CONSIDER A PROFESSIONAL SERVICES AGREEMENT ADDENDUM NO. 2 WITH OLSSON ASSOCIATES FOR THE JOHNSON DRIVE AND HALSEY STORM DRAINAGE IMPROVEMENTS, P.N. 3394 (SMAC TC- 21-065).

MAYOR DISTLER: Item Number 2 is to Consider a Professional Services Agreement Addendum No. 2 with Olsson Associates for the Johnson Drive and Halsey Storm Drainage Improvements, P.N. 3394 (SMAC TC-21-065). This project was on the Capital Improvement Program for 2015 and is nearly completed. Addendum No. 2 represents additional inspection and surveying work that was required due to multiple unavoidable delays in the amount of $31,696. Based on the anticipated final costs, this project remains within budget. The recommended action is to consider approving and authorizing the Mayor to sign the Addendum. Is there any discussion from the Council? Mr. Jenkins?

COUNCILMEMBER JENKINS: Just a couple comments. I’m concerned about overruns like this and because I feel like you come back and get additional funds for projects really makes me concerned that if you bid low and then come back and recoup it later there’s room for some problems there. Maybe I did mine better because I expected the delays during spring rain and so on and that’s why I didn’t get the contract, this other guy got the contract. He comes in and recoups his money at the end of the year by an addendum. So, that makes me nervous approving these kind of funds, I don’t think anything is out of order here, I’m not saying it is, but this kind of thing does worry me [inaudible] because of course you’re going to have delays in the spring. That’s what happens. It rains in the spring and it does affect construction and I would think they would include that when they bid.

MAYOR DISTLER: Thank you. Mr. Pflumm.

COUNCILMEMBER PFLUMM: I also agree with Councilmember Jenkins. I mean, I don’t think anything is out of line on this particular project or anything, but, you know, we do kind of need to watch the overruns.

MAYOR DISTLER: Any further discussion from the Council? Anyone from the audience that would like to speak to this item? I’ll accept a motion.

COUNCILMEMBER VAUGHT: Move for approval.

COUNCILMEMBER NEIGHBOR: Second.

MAYOR DISTLER: A motion has been made and seconded on this item. All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. (Motion passes 7-0).

3. CONSIDER A PROFESSIONAL SERVICES AGREEMENT WITH OLSSON ASSOCIATES FOR THE NIEMAN ROAD CORRIDOR SOUTH STORM DRAINAGE IMPROVEMENTS, P.N. 3400 (SMAC TC-21-072).

MAYOR DISTLER: Item Number 3 is to Consider a Professional Services Agreement with Olsson Associates for the Nieman Road Corridor South Storm Drainage Improvements, P.N. 3400 (SMAC TC-21-072). The 2016 Capital Improvement Plan includes design of this project. Olsson Associates was selected from six firms to provide engineering design services in the amount of $489,781. This project is partially funded through SMAC funds and the remaining portion is funded through the City's Parks and Pipes program. The recommended action is to approve and authorize the Mayor to sign the Agreement. Is there any discussion from the Council? Anyone from the audience that would like to speak to this item? I will accept a motion.

COUNCILMEMBER SANDIFER: Move for approval.

COUNCILMEMBER NEIGHBOR: Second.

MAYOR DISTLER: A motion has been made and seconded on this item. All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. (Motion passes 7-0)

H. MISCELLANEOUS ITEMS 1. RATIFY SEMI-MONTHLY CLAIM FOR NOVEMBER 9, 2015 IN THE AMOUNT OF $1,582,135.92.

MAYOR DISTLER: The next item is H, Miscellaneous Items. Item Number 1 is to ratify the Semi-Monthly Claim for November 9, 2015, in the Amount of $1,582,135.92. Is there any discussion from the Council? Anyone from the audience that would like to speak to this item? I will accept a motion.

COUNCILMEMBER VAUGHT: Move for approval.

COUNCILMEMBER PFLUMM: Second.

MAYOR DISTLER: A motion has been made and seconded on this item. All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. (Motion passes 7-0)

2. CONSIDER CANCELLATION OF THE DECEMBER 28, 2015 CITY COUNCIL MEETING.

MAYOR DISTLER: Item Number 2 is to Consider Cancellation of the December 28, 2015 City Council Meeting. Christmas falls on the Friday prior to the last scheduled City Council meeting of the year. Due to the holidays, we thought it would be wise to cancel this meeting. And the recommended action is to cancel the meeting. Is there any discussion from the Council? Anyone from the audience that would like to speak to this item? I will accept a motion.

COUNCILMEMBER VAUGHT: Move for approval.

COUNCILMEMBER SANDIFER: Second.

MAYOR DISTLER: A motion has been made and seconded on this item. All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. (Motion passes 7-0)

3. MISCELLANEOUS COUNCIL ITEMS.

MAYOR DISTLER: Item Number 3 is Miscellaneous Council Items. Does anyone on the Council have any item they would like to discuss? Mr. Kenig.

COUNCILMEMBER KENIG: Yes. I just had a comment. I would recommend that anybody in the public to download the Shawnee Connect app if you have not done so. You can download it for free in the Android Marketplace or in the iTunes App Store. It makes it really easy to submit a Citizen Service Request. And I just wanted to comment I had a personal experience a couple weeks ago leaving on a trip to Toronto and I noticed that somebody had hit a utility box on the corner near where I leave, so leaving wires exposed. Decided to submit a notification to our Public Works Department using this app. Did that, within an hour I got a notification back it was actually an AT&T utility box. They were reaching out to AT&T. Stepped on my plane. When I got on the ground in Toronto AT&T had already been called out and taken care of it. So, within a span of like four hours it had been resolved. So just wanted to give praise to our Public Works Department for acting so fast. And I think it’s just kind of a -- basically shows how dedicated our workforce is. But if you haven’t downloaded the app, I would encourage you to do so. You can connect with our social channels on that. It’s a great way if you see something that’s out of place, if you see something that needs actions by our staff, you can submit that and they’re very quick and very responsive. So, thank you.

MAYOR DISTLER: Thank you. And he was not paid for that infomercial.

COUNCILMEMBER KENIG: I was not.

a) Recess to Executive Session for 20 minutes for the purpose of discussing land acquisition.

MAYOR DISTLER: Any other Miscellaneous Council Items? Okay. Seeing none, Item Number 4 is to conduct an Executive Session for the Purpose of Discussing Land Acquisition. I will accept a motion to recess into Executive Session for 20 minutes to discuss land acquisition.

COUNCILMEMBER VAUGHT: Move to recess to Executive Session for 20 minutes to discuss land acquisition.

COUNCILMEMBER JENKINS: Second.

MAYOR DISTLER: A motion has been made and seconded on this item. All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. (Motion passes 7-0)
(Shawnee City Council in Executive Session from 8:10 p.m. to 8:30 p.m.)

b) Conclude Executive Session

MAYOR DISTLER: Okay. The next action is to conclude the Executive Session. Do I have a motion?

COUNCILMEMBER PFLUMM: So moved.

COUNCILMEMBER NEIGHBOR: Second.

MAYOR DISTLER: A motion has been made and seconded on this item. All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. (Motion passes 7-0)

c) Reconvene Meeting

MAYOR DISTLER: The next action is to reconvene the Meeting. Do I have a motion?

COUNCILMEMBER PFLUMM: So moved.

COUNCILMEMBER JENKINS: Second.

MAYOR DISTLER: A motion has been made and seconded on this item. All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. (Motion passes 7-0)

I. ADJOURNMENT

COUNCILMEMBER VAUGHT: Move to adjourn.

MAYOR DISTLER: If there are no other items, I’ll accept a motion to adjourn.

COUNCILMEMBER SANDIFER: Second.

MAYOR DISTLER: A motion has been made and seconded to adjourn. All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. (Motion passes 7-0). We are adjourned. Thank you.
(Shawnee City Council Meeting Adjourned at 8:31 p.m.)


CERTIFICATE

I certify that the foregoing is a correct transcript from the electronic sound recording of the proceedings in the above-entitled matter.

/das November 18, 2015

Deborah A. Sweeney, Recording Secretary

APPROVED BY:

_______________________

Stephen Powell, City Clerk



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